CA. Final
455 Points
Joined October 2007
Originally posted by :Vinod |
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Credit of TDS can be claimed in the Assessment Year in which the Income on which such Tax has been deducted is subject to tax in the hands of the Assessee. Accordingly, if the TDS was deducted in Financial Year 2007-08 & the Income on which this TDS was deducted was subject to tax in the Assessment Year 2008-09 (Financial Year 2007-08), the credit for TDS can be claimed in Assessment Year 2008-09 (Financial Year 2007-08). It can't be claimed in Assessment Year 2009-10 (Financial Year 2008-09).
If the Assessee has filed the Return of Income within the time allowed then he can file a Revised Return of Income for claiming TDS. If he has not filed the Return of Income within the time allowed he can't file a Revised Return of Income. However, he can file a Revision Application u/s 264 with the CIT for claiming the TDS. |
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I Would like to add a little to the words of Mr. Vinod.
If the assessee has not filed the return, then he may file the retun now. However the ITO has powers under Sec. 271(f) to impose a fine of Rs. 5000, bor sumitting a belayted return beyond the end of assessment year.
However, Practically, seldom does the ITO imposes such fines.